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Family Law Mid Term

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  • capper5876
    I m stuck on the last question he listed. Why might termination or waiver of tort immunity between spouses be important in divorce? Any ideas. Maybe I m
    Message 1 of 3 , Feb 27, 2005
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      I'm stuck on the last question he listed. "Why might termination or
      waiver of tort immunity between spouses be important in divorce?"
      Any ideas. Maybe I'm just too tired to think at this point. It is
      12:45 a.m. and I have to get up at 5:30 to go to work.
    • Guy Cox
      Here is my spin on it. Once the divorce is finalized, the other spouse would technically be able to talk about the things that were said and done during the
      Message 2 of 3 , Feb 28, 2005
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        Here is my spin on it. Once the divorce is finalized, the other spouse would technically be able to talk about the things that were said and done during the marriage. However, because that happened during the marriage there would not be any way around what was said, the communication happened under the auspices of the expectation of privacy.

        Under the tort law immunity theory, a spouse never used to sue for torts between the two of them ie; spousal abuse etc. Now, if there is a termination of the tort immunity, she can now go after him. In divorce cases you can now go after the offending spouse in a civil tort action for emotional distress etc. If you waive your right to that immunity, you open yourself up for a lot of stuff.

         

        That was my understanding. Anybody got anything different?

         

        Guy

         

        -----Original Message-----
        From: capper5876 [mailto:capper5876@...]
        Sent: Monday, February 28, 2005 12:46 AM
        To: HFCCparalegal@yahoogroups.com
        Subject: [HFCCparalegal] Family Law Mid Term

         


        I'm stuck on the last question he listed.  "Why might termination or
        waiver of tort immunity between spouses be important in divorce?" 
        Any ideas.  Maybe I'm just too tired to think at this point.  It is
        12:45 a.m. and I have to get up at 5:30 to go to work. 





      • capper5876
        That sounds good Guy. Being able to sue for emotional distress. Thanks a lot. You know the first paragraph of your posting deals with the privilege right, not
        Message 3 of 3 , Feb 28, 2005
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          That sounds good Guy. Being able to sue for emotional distress.
          Thanks a lot.

          You know the first paragraph of your posting deals with the privilege
          right, not tort immunity? Hey I wonder if school could get cancelled
          if we get this big snow storm people are talking about here at work
          today. Maybe it will hit later than planned, like tomorrow early
          afternoon and fall fast would be good , and let's put the mid term
          off for another day.

          Has anyone spoke to Sarah? I sent her an email today asking about
          the car Guy said she had for sale. Carri was to send her the mid
          term notes. Just wondering if she got them, if not I can send them
          to her.
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